Eligibility

Your employer will provide you with PFL coverage if you are considered an “eligible employee.” As a rule of thumb, if you have DBL — NY’s statutory disability insurance — you have PFL too. This is usually the case if you work in a private sector business in NY with at least one employee and don’t fall into an excluded class of employees. Check with your employer to see if they are considered a “Covered Employer.”

There are some requirements you have to meet before you’re considered an “eligible employee.” Check them out here to see if you’re eligible for Paid Family Leave, or when you will be.

What do I get with PFL?

NY Paid Family Leave benefits continue to gradually increase until 2021. See chart below for leave taken in weekly increments. For leave taken in daily increments, the amount is based on the average number of days worked per week during the 8 weeks before taking leave.

Benefit stage effective date*

Maximum length of Paid Leave

Maximum benefit amount**

Payable % of employee’s Average Weekly Wage (AWW)

To the maximum % of NY Average Weekly Wage
(NYSAWW)

Benefit maximum based on current NYSAWW of $1,357.11**

01/01/2018

8 weeks

50%

50%

$652.96

01/01/2019

10 weeks

55%

55%

$746.41

01/01/2020

10 weeks

60%

60%

$814.27

01/01/2021

12 weeks

67%

67%

$909.26

*While this is the anticipated phase-in schedule, New York State may elect to delay increasing the benefit levels effective at each stage. ** NY Department of Labor releases the updated NYSAWW every March 31st of the prior applicable calendar year. Past years’ maximum benefit amounts are based on prior NYSAWWs respectively. The NYSAWW applicable to 2019 is $1,357.11 = $70,569.72 per year.

What does this mean for you?

In 2019, the benefit is set at 55% of your average weekly wage, capped at 55% of the New York State Average Weekly Wage (NYSAWW). The NYSAWW for 2019 is $1,357.11 and 55% of the NYSAWW is $746.41, so in other words:

If you make $1,000 per week (less than the NYSAWW), your PFL benefit will be $550;

If you make $1,357.11 per week (the same as the NYSAWW), your PFL benefit will be $746.41;

If you make $2000 per week (more than the NYSAWW), your PFL benefit will be $746.41.

Don’t’ forget:
The benefit amount that is in effect when you start your leave applies to the full duration of your paid leave for that event, even if a new calendar year with increased benefit levels falls in that period. That means: If your leave extends into the next calendar year, your benefit will NOT change to reflect the next year’s new amount.

When leave dates are separated by more than 3 months, new claims must be filed.

What does PFL cost?

Paid Family Leave is often referred to as an employee-funded benefit, but it’s up to your employer to decide if and how much to deduct from you (up to the maximum contribution set by New York State). If your employer takes contributions from you, your employer:

Can start taking deductions as soon as you start a new job, even during your qualification period,

Cannot retroactively collect payroll deductions for PFL,

Cannot exceed your maximum contribution. If they do, they have to return the excess to you,

What's my "maximum contribution?"

What’s my “maximum contribution?”

In 2019, your maximum contribution is 0.153% of your annualized wages capped at the annualized New York State Average Weekly Wage (NYSAWW) of $70,569.72 per year;* which means, in 2019 your maximum annual contribution for NY Paid Family Leave is $107.97 per year.

If you make less than the NYSAWW, you’ll contribute less than the cap, but still 0.153% of your wage. If you make more than the NYSAWW, your max contribution is capped at $107.97 per year.

The PFL rate is set by NY State each year on September 1, and can be adjusted annually, becoming effective the following January 1.

Do you have a military family member? PFL gives you time to handle things for military family.

Quick Tips: Using PFL

You need to provide your employer with a 30-day written notice for foreseeable events (like birth or regular, scheduled treatments). If you can’t provide this notice due to the sudden nature of the event (an accident, heart attack, or short-notice deployment, for example), you’re still entitled to take leave, but must notify your employer as soon as reasonably possible.

If you take intermittent leave, your employer has the right to require you to provide notice before each day of leave — even if it’s a regular schedule.

You can’t take DBL and PFL at the same time, i.e., receive benefits from both concurrently. They must be taken in sequence.

If you qualify for both DBL and PFL, the combined duration cannot exceed 26 weeks in a consecutive 52-week period (whether those benefits are for the same or different qualifying events). Read more about how DBL and PFL compare.

Your employer can’t require you to use up your accumulated PTO (sick/vacation days) before letting you go out on Paid Family Leave (unless it’s also an approved FMLA leave).

You can, however, choose to use your accrued PTO during your Paid Family Leave, and receive your full salary as opposed to the percentage provided by PFL. If you do this:

You won’t be able to collect both PTO and monetary PFL benefits simultaneously;

PFL will only provide job protection in this case.

If the business you work for has 50+ employees, it has to honor Family Medical Leave Act (FMLA) — which means your PFL benefits must be coordinated and used concurrently with FMLA benefits.Learn more about PFL vs. FMLA here.

Paid Family Leave provides more than just monetary benefits — it provides job security similar to unpaid leave with FMLA but regardless of employer size. So,

When returning from PFL, you’re entitled to return to your same or comparable position;

If your employer declines to reinstate you when you return from PFL, you have the right to report this to NY State.

If you have health insurance through your employer, it is continued at your usual coverage level and contribution amount as if you weren’t on leave.

TOOLS FOR YOU

Got PFL through ShelterPoint?

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